New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 1987 - SECT 16

16 Applications relating to a breach of residential tenancy agreement

(1) If a landlord or a tenant under a residential tenancy agreement claims that a breach of a term of the agreement has occurred, the landlord or the tenant may, not later than 30 days after becoming aware of the breach, apply to the Tribunal for an order in respect of the breach.

(1A) If a landlord or a tenant under a residential tenancy agreement claims that a dispute has arisen under the agreement, the landlord or the tenant may refer the dispute to the Tenancy Commissioner.

(1B) When a dispute is referred to the Tenancy Commissioner under this section, the Tenancy Commissioner may attempt to bring the landlord and the tenant to a settlement acceptable to them.

(1C) If the landlord and tenant fail to make such a settlement, the landlord or the tenant may, with the consent of the Tenancy Commissioner, apply to the Tribunal for an order in respect of the dispute.

(1D) If a person who has paid, or required or received payment of, a reservation fee pending the making of a residential tenancy agreement claims that a dispute has arisen in relation to the reservation fee, the person may apply to the Tribunal for an order in respect of the dispute. The person may make the application whether or not the prospective residential tenancy agreement was executed.

(2) The Tribunal may, on application by a person under this section, make one or more of the following orders:

(a) an order that:

(i) restrains any action in breach of the residential tenancy agreement, or

(ii) requires an action in performance of the agreement,

(b) an order for the payment of an amount of money,

(c) an order that a party to the residential tenancy agreement perform such work or take such other steps as the order specifies to remedy a breach of the agreement,

(d) an order as to compensation, including (without limiting the Tribunal’s power to make such an order):

(i) compensation for loss of rent, and

(ii) compensation where a landlord withholds or refuses consent to the removal of a tenant’s fixture, and

(iii) compensation for any other breach of the residential tenancy agreement,

(e) an order that requires payment of part or all of the rent under the residential tenancy agreement into the Tribunal until the whole or part of the agreement has been performed or any application for compensation has been determined,

(f) an order that requires payment (out of rent paid into the Tribunal) towards the cost of remedying a breach of the residential tenancy agreement or towards the amount of any compensation.

(3) An order under subsection (2) (a) may be made even though it provides a remedy in the nature of an injunction or order for specific performance in circumstances in which such a remedy would not otherwise be available.

(4) An application under this section may be made during the currency of or after the termination of a residential tenancy agreement and may be made whether or not notice of termination has been given or an order for termination has been made by the Tribunal.